A Geo-Legal Approach to the English Sharia Courts: Cases and Conflicts adopts a new methodological perspective that combines Comparative Law with Geopolitics to understand the phenomenon of the English âsharia courtsâ. This term is used as a geopolitical representation of specific Islamic ADR institutions. The geo-legal analysis illustrates the competition of the legal systems involved and brings you in the middle of the related conflict, where (official and unofficial) legal rules are used by various actors to defend their ideas of Law and implement their strategies. Accordingly, the geo-legal operational analysis helps assess the possible changes occurring in the relationship between the legal systems and their substratum of values.
Funding for the research associated with this book was provided by the University of Campania âLuigi Vanvitelliâ â Dept. of Political Science and by the Italian Ministry of University and Research through the National Project (PRIN 2017 n. 20174EH2MR) on âInternational Migrations, State, Sovereignty, Human Rights: open legal issuesâ directed by Prof. Angela Di Stasi and Prof. Ida Caracciolo.
<Acknowledgments List of Figures List of Acronyms Note on Transliteration Note on Terminology
Introduction
â1âAll Eyes on Sharia
â2âIslamic Law in Western Countries
â3âGeopolitics of Islamic ADR in England
â4âMethodological Outline
â5âBook Structure
part 1: Islam as a new European Reality: From Sharia to Sharia Courts
1 Sharia and Western Tradition: A Challenge
â1âUnderstanding Sharia: Historical Reconstruction and Legal Theories in Comparison
â2âThe Entry of Sharia in the European Landscape
â3âSharia in a Representationsâ Game
â4âThe Application of Islamic Family Rules in Western Countries
2 English Law and Sharia Courts
â1âCharacteristics and Evolution of Muslims in Britain
â2âADR between the Islamic Model and the English Law System
â3âQuestion of Terms: âSharia Courtsâ as a Paradigm of a Conflict of Jurisdiction
â4âDifferent Structures for Sharia Courts
â5âFace to Face with Sharia Courts: Investigating the Plurality
â6âIn & Out of Sharia Courts
â7âThe UK Board of Sharia Councils
part 2: From Judicial Interactions to the Explosion of Geopolitical Antagonisms
3 Interactions between Islamic Justice and English Courts
â1âIslamic Inheritance Issues and the Role of The Islamic Sharia Council
â2âFamily Rules between English Law Courts and Sharia Courts: The Uddin Case
â3âProperty and Commerce between Islamic Fora and English Civil Courts
4 Sharia Courts and the Geo-Legal Conflict
â1âIn Favour, against, in the Middle: Which Actors?
â2âAn Archbishopâs Speech:Â 7 February 2008
â3âBaroness Caroline Coxâs Battle: From Criticism of Sharia to the Arbitration and Mediation Services (Equality) Bill
â4âPanorama Programme: âSecrets of Britainâs Sharia Councilsâ
â5âCounter-Extremism Strategy: A Proposal for a Review of Sharia Councils
â6âSharia Courts between Opposition and Strategy
â7âDouble Inquiry into Sharia Courts
â8âSharia After the Home Office Inquiry: European Institutions Are Talking
What Will the âNewâ Sharia Look Like in England? Some Concluding Remarks
Appendix 1: Actors
â1âThe Supporters
â2âThe Opponents
â3âAcademics in the Middle
Appendix 2: Authorâs Interviews Glossary of Arab Terms Bibliography Index
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